Nebraska Uniform Commercial Code 2A-403

UCC 2A-403

2A-403.

Retraction of anticipatory repudiation.

(1) Until the repudiating party's next performance is due, the repudiating party can retract the repudiation unless, since the repudiation, the aggrieved party has canceled the lease contract or materially changed the aggrieved party's position or otherwise indicated that the aggrieved party considers the repudiation final.

(2) Retraction may be by any method that clearly indicates to the aggrieved party that the repudiating party intends to perform under the lease contract and includes any assurance demanded under section 2A-401.

(3) Retraction reinstates a repudiating party's rights under a lease contract with due excuse and allowance to the aggrieved party for any delay occasioned by the repudiation.

Source

  • Laws 1991, LB 159, § 46.

Annotations

  • COMMENT

  • Uniform Statutory Source: Section 2-611.

  • Changes: Revised to reflect leasing practices and terminology. Note that in the analogue to subsection (2) (section 2-611(2)) the adjective "justifiably" modifies demanded. The adjective was deleted here (as it was in section 2A-401) as unnecessary, implying no substantive change.

  • Definitional Cross References:

  • "Aggrieved party". Section 1-201(2).

  • "Cancellation". Section 2A-103(1)(b).

  • "Lease contract". Section 2A-103(1)(l).

  • "Party". Section 1-201(29).

  • "Rights". Section 1-201(36).